Decision on the publication of confidential official proceedings (art. 293 SCC)

Facts

Journalist Martin Stoll was convicted for having published excerpts from a confidential strategic document of the Swiss Ambassador to the United States, Carlo Jagmetti, in the "SonntagsZeitung". The Federal Department of Foreign Affairs filed a criminal complaint for breach of official secrecy (art. 320 SCC). The proceedings were transferred to the canton of Zurich for publication of confidential official proceedings (art. 293 SCC). The journalist was fined 800 francs at first instance. The Cantonal Court of Zurich dismissed the journalist's appeal for nullity.

Considerations

The DFC confirms that art. 293 SCC is based on the formal concept of secrecy. The fact that the document was classified as "confidential" is sufficient for it to be considered a secret within the meaning of this provision. The DFC rejects the journalist's argument that only secrets that are materially important should be covered by art. 293 SCC, taking into account freedom of opinion and the press. Such an interpretation would go beyond a constitutional…